South Bay city plans to ban most flavored tobacco products

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The Food & Drug Administration says more than 2 million youth smokers prefer electronic cigarettes over other tobacco products, in part because they come in flavors like cherry and chocolate. That’s the main reason why the city of Saratoga is planning to ban most flavored tobacco products. (George Sakkestad/archive photo)

Saratoga is taking steps to ban most flavored tobacco sales in the city, but will exclude menthol-flavored tobacco products from a proposed new ordinance.

The flavored tobacco ban would apply to all forms of tobacco, including “traditional” and electronic cigarettes, chewing tobacco, cigars, pipes and hookahs.

Other changes to Saratoga’s smoking regulations are in the works, all with the aim of keeping tobacco away from youths, said Saratoga City Councilman Howard Miller.

“Menthol seems to be the cigarette of choice for many working class people, so we decided to leave it as an adult flavor,” Miller said.

He added that kids seem to prefer smoking electronic cigarettes that come in flavors like “bubble gum and tutti frutti.”

Miller’s belief is borne out by the U.S. Food & Drug Administration’s 2017 National Youth Tobacco Survey. The survey said there are more than 3.6 million high school and middle school smokers in the U.S.

The survey also reported that many students used two or more tobacco products. For example, 2.1 million reported using electronic cigarettes, while 1.4 million smoked traditional cigarettes and 1.3 million were cigar smokers.

It’s the fourth straight year that youths have said electronic cigarettes as their favorite tobacco product.

The Food & Drug Administration also looked at the reasons why electronic cigarettes are so popular among youths and said one of the primary reasons given in 2016 was the availability of “flavors such as mint, candy, fruit or chocolate.”

Since November 2017, two of Saratoga’s five licensed tobacco retailers have been cited for selling tobacco to youths. The citations were issued after the Santa Clara County Sheriff’s Department purposely sent youths into stores to buy tobacco.

The legal age to buy tobacco in California is 21.

Saratoga retailers who sell tobacco to youths under 21 are currently fined $100 for a first offense and their licenses are suspended for 30 days.

City leaders want to increase the suspension period to 60 days, saying it could have more impact on retailers and consumers alike.

“If we have a 60-day suspension I think that would really impact some consumer patterns,” Councilwoman Emily Lo said.

Currently, Saratoga retailers who violate the city’s regulations twice in one year receive a $200 fine and their licenses are revoked for one year.

Then the clock starts over again.

But going forward, it’s likely the city will approve a two-year clock. In other words, a retailer would have his or her license revoked for one year if they have two violations in two years.

The Saratoga City Council is tentatively scheduled to discuss the proposed ordinance Oct. 3.

"I fully support the principles behind Senate Bill 1: to defeat efforts by the president and Congress to undermine vital federal protections that protect clean air, clean water and endangered species," Newsom said in a written statement.